HomeMy Public PortalAbout1995.08.01 Right of Way - Spring Mtn Rch & Joe Scott JUL-1U-1'-+'95 11_:15 ■ ! . °' '-{_ ._ 1 i 1-.U,-.
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DATE: December 20, 1994: Revised June 9, 1995; Revised July 7, 1995 \
PROJECT: 90033
PAGE: 1 of 1
DESCRIPTION OF PUBLIC RIGHT-OF-WAY FOR
SPRING MOUNTAIN BOULEVARD,
ACROSS THE PROPERTY OF JOE SCOTT,
LYING NORTH OF SPRING MOUNTAIN RANCH •
AND SOUTH OF LICK CREEK ROAD
A parcel of land for public right-of-way purposes. being a strip of land lying between parallel .
right-of-way lines 60.00 feel apart, being 30.00 feet on each side of the following described
centerline, said parcel beius, a part of the SEl of Section 3, T.18N., R.3E., B.M., Valley
County, Idaho, and being more particularly described as follows:
COMIVIENCING at the S1/4 corner of said Section 3, marked by a brass cap; thence,
S.89°56'39"E., 1087.05 feet along the south line of said Section 3 to the POINT OF
BEGINNING: thence,
1) northwesterly along :I curve to the left having an arc length of 359.29 feet, a radius of
280.00 feet, a cenir:ll angle of 73°31'18", a chord bearing of N.52°42'44"W., and a
• chord distance of 315.15 feet to a point of tangency; thence,
2) N.89°28'23"W., 2��:'.78 feet to a point of curvature; thence,
3) northwesterly along ,I curve to the right having an arc length of 471.24 feet, a radius of
300.00 feet, a cenural angle of 90°00'00", a chord bearing of N.44°28'23"W., and a
chord distance of 424.26 feet; thence,
4) N.00°31'37"E., 781 .06 feet to the POINT OF TERMINUS on the south right-of-way
line of Lick Creek ltoad, said point being S.82°34'17"E., 238.27,feet from a railroad
spike marking the C-S 1/16 corner of said Section 3, said railroad spike being
N.00°21'42"E, 1324.21 feet from said S 1/4 corner of Section 3.
Said centerline, being 190'.37 feet in length, said right-of-way being 60 feet in width, and
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IN WITNESS WHEREOF, the GRANTOR has executed this instrument this / day
of s Q—` , 1995.
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SPRING MOUNTAIN RANCH LIMITED
PARTNERSHIP, an Idaho Limited Partnership
By O'Neill Enterprises, Inc. an Idaho
Corporation, the General Partner
By
z� Ces°1
Peter S. O'Neill, President
County of Ada )
) ss
State of Idaho )
On this I day o `n the year 1995, before me, a Notary Public in and for the State of Idaho,
personally appeared peter S. O'Neill known or identified to me to be the President of O'Neill
Enterprises, Inc., General Partner of Spring Mountain Ranch Limited Partnership, who caused
O'Neill Enterprises, Inc. to subscribe said partnership name to the foregoing instrument, and
acknowledged to me that O'Neill Enterprises, Inc. executed the same as the General Partner of
and in said partnership name.
IN WITNESS WHERQ1„T,Jave hereunto set my hand and affixed my official seal the day and
year first above r IMP '
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; PUBLIC' Re ding at B4O/9(0, 11�
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�.su' ti•. .••O ► •tary expires: 00/2m I
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(seal) ''.S OF�9 .mod
91
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VALiZ." ;.1::;. .:1Y RECORDER
BY:
FEE:
'95 FUG 7 pfl 3 94
& ESCROW
RECORDED
+*Rerecorded to correct scrivner's error in the legal description*
ORIGINAL
UTILITY EASEMENTS
WATER SYSTEM IMPROVEMENTS 1994-1996
SPRING MOUNTAIN RANCH BOULEVARD
ACROSS THE PROPERTY OF JOE SCOTT
For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged,
Spring Mountain Ranch Limited Partnership, an Idaho Limited partnership, herein referred to
as GRANTOR, does hereby grant, bargain, sell, transfer and convey unto the City of McCall,
an Idaho municipal corporation, hereafter referred to as GRANTEE, its successors and assigns,
a perpetual non-exclusive easement across and under the following described property for
construction, installation, repair, replacement, and removal (all referred to below as "work"),
and operation, inspection and maintenance (all referred to below as "operation") of underground
utilities and for ingress and egress, on, over and across the areas described on Exhibit A, titled
Description of Public Right-of-Way for Spring Mountain Ranch Boulevard, Across the Property
of Joe Scott, Lying North of Spring Mountain Ranch and South of Lick Creek Road, revised
date June 9, 1995, with the right to enter upon so much of the surface of the land within such
easement as described on Exhibit A as is in GRANTEE'S judgement necessary and appropriate
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for such work and operation; and
GRANTOR covenants that GRANTOR is possessed of a fee simple estate in the land and has
all authority necessary to grant this easement, and that GRANTOR will construct no permanent
structure(s) on or over the perpetual easement;
GRANTEE covenants that in each instance of work GRANTEE will after such work restore the
surface of the ground to a condition as near as practicable to that prior to the beginning of that
work, and will not during work prevent access to any home or business and GRANTEE will
hold and save GRANTORS harmless from and losses, claims, actions or judgements for damages
or injuries to persons or property arising out of or from or caused by any such work or
operation.
GRANTEE agrees that this easement will be merged into the dedication if, when, and to the
extent the GRANTOR dedicates the land within the easement as public right-of-way.
GRANTEE and GRANTOR acknowledge that this easement is based on the current land plan
for the Project, as described in the "Amended and Restated Water System Agreement" between
the GRANTEE and GRANTOR. GRANTEE agrees that this easement can be relocated if and
to the extent the GRANTOR changes the land plan as the Project is developed. In the event that
changes are required by GRANTOR after initial construction of the utilities, GRANTOR shall
bear the cost of any relocation. A copy of the "Amended and Restated Water System
Agreement" is available for inspection at the office of the City of McCall.
The grant and other provisions of this easement shall constitute a covenant running with the land
for the benefit of the GRANTEE, its successors and assigns.
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VAL El' :T'
, -CORDER
3Y:
FEE:
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A!,41 T
REQUESTED
RECORDED
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